U.K. Dhaon, J. - (1.) HEARD Mr. J.N. Mathur, learned Counsel for the petitioner. Mr. D.K. Tripathi who has put in appearance on behalf of opposite parties 1, 2 and 4 and the learned Standing Counsel.
(2.) THE petitioner has approached this Court against the order dated 8.7.2004 by which the tenders were invited for the remaining period of 2004 -05 with respect to collection of fee for taxi parking in the area of Nagar Palika Parishad, Sultanpur. The petitioner has alleged that through advertisement dated 30.6.2004, which was published in the daily newspaper 'Aaj' dated 2.7.2004, applications were invited for grant of Theka for the remaining period of 2004 -05 and with respect to the said advertisement the petitioner submitted his tender on 8.7.2004. Learned Counsel for the petitioner submits that without cancelling the earlier tenders, the opposite parties on the intervention of the District Magistrate has invited fresh tenders by the Notification dated 8.7.2004 which was published on 13.7.2004 in the daily newspaper 'Hindusthan'. He further submits that in accordance with the Rules framed by the Nagar Palika Parishad only the Adhyaksha of the Nagar Palika is competent to invite tenders and approval can be granted only by the Board of the Nagar Palika. Mr. D.K. Tripathi, learned Counsel appearing for the opposite parties on the basis of the instruction submits that on the direction of the District Magistrate, Sultanpur, a decision was taken by the Adhyaksha and the Executive Officer of the Nagar Palika Parishad on 8.7.2004 for having fresh tenders with respect to collection of fee for taxi parking for the remaining period of the year 2004 -05 and pursuant to the said decision, Notification was published on 13.7.2004 and the last date for receiving the tenders was 14th July, 2004. He has also informed this Court that three lenders were received by the Nagar Palika Parishad with respect to the earlier Notification and three tenders were received with respect to the subsequent Notification.
(3.) WE have considered the arguments of the learned Counsel for the parties and gone through the record.;